How Can Infor ma tion Be Removed?
Qualifying information may be removed from a state criminal history record by submitting a Fingerprint Record Removal Request form to the Crime Information Bureau. The form is available online at: www.doj.state.wi.us/dles/cib/crimback.asp Any associated information maintained at the federal level will also be removed.
Is What’s On My Criminal Record Important?
Today, many employers are required to conduct criminal background checks on potential employees. Some offenses may automatically disqualify you for certain regulated occupations. Other offenses may disqualify you if they are substantially related to the position you are applying for. Only conviction information may be considered when making these determinations. Use of arrest and conviction information for employment is regulated by Wisconsin’s Fair Employment Law.
Questions & Answers
Court files may be expunged only by order of the court having jurisdiction over the original offense. Expungement can only occur under two situations: for misdemeanors committed by a person under the age of 21 when ordered at sentencing and upon successful completion of the sentence, or for a juvenile adjudicated delinquent upon request once the juvenile reaches the age of 17. Court-ordered expungement does not qualify the information for removal from the criminal history record.
Information from law enforcement or prosecutor files are not removed upon either court expungement or removal from the state record.
Crime Information Bureau 17 West Main Street P. O. Box 2718 Madison, WI 53701-2718 Phone: 608-266-7314 Fax: 608-267-1338
Wisconsin Department of Justice
J. B . VA N H O L L E N
Wher e May Criminal Records Be Found?
Records associated with arrest and conviction information are routinely maintained by the following entities:
Who Can Access Criminal Histor y Infor ma tion & How?
In Wisconsin, adult criminal history information is considered public record and may be accessed by anyone making a request. Fees may be imposed to cover the costs of reproducing copies of police reports and court documents. Under certain circumstances access to police and prosecutor’s files may be denied or delayed. Requests for information must be made directly to each agency from which information is requested. Circuit court information for most Wisconsin counties is available online free of charge. Fees may be charged for copies of case information by both municipal and circuit courts and requests must be made directly to each court from which information is sought. State adult criminal history files are also public record and available to the public. The Legislature has established fees for obtaining criminal history information based on requestor type. Requests for information may be made by mail or online for customers using a credit card or having an account. Public access to federal criminal history information is limited to those authorized by federal law or a state statute approved by the United States Attorney General. These public requests are processed only when a fingerprint card is submitted for comparison along with the appropriate fee.
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Arresting law enforcement agency Prosecuting agency Court having jurisdiction State Criminal History Repository Federal Criminal History Repository
tory record only when the person arrested is not charged or all charges are dismissed by the court. This removal is not automatic and the person is required to submit a written request along with a single fingerprint used to verify identity. Any record removed at the state level for which a federal criminal history record exists is forwarded to the FBI for removal there. No information is removed unless requested by the subject of the record. Request for removal at state repository do not require removal of any information from the law enforcement agency, prosecutor or court records.
Wha t Causes The Cr ea tion Of A Criminal Record?
Law Enforcement Agency - when a person is arrested, cited or confined for a violation of the law. Prosecuting Agency - when copies of an arrest report are forwarded for review or prosecution. May be a municipal attorney or a district attorney. Court Having Jurisdiction - when a citation or complaint is filed with the court. Courts having original jurisdiction in Wisconsin are normally municipal, tribal or circuit courts. State Criminal History Repository when an arrest fingerprint cards is submitted by a law enforcement agency. Courts also report disposition information. In Wisconsin the state repository is the Wisconsin Department of Justice, Crime Information Bureau. Federal Criminal History Repository when an arrest fingerprint cards is forwarded by the state criminal history repository. The federal repository is the Federal Bureau of Investigation.
Is A Char ge Automa tically Removed From My Sta te Record When The Of fense Is Expunged By A Cour t?
No. Information may only be removed upon request if all charges resulted in no conviction. Courts may expunge records that do not qualify for removal from the state criminal history repository. Certain dispositions may be expunged by the court but may not be removed from the state record. The state record is noted to reflect that the court record was expunged.
I Was Not Convicted, Is The Ar r est Infor ma tion Removed From My Record?
Wisconsin law allows for the removal of arrest information from the state criminal his-
I Was Pardoned. Will The Char ge Removed From My Record?
No. A pardon will not remove the information. The criminal history record will reflect the fact that a pardon was granted. That notation should negate use of the arrest information for a variety of purposes.